A man burned at the Burning Man festival recently lost the appeal of his lawsuit against the festival's promoters. His case vividly depicts "assumption of risk," which can prevent a plaintiff from prevailing in a personal injury claim.
The San Franciso Chronicle reports that a California appeals court upheld a verdict that organizers of the annual Burning Man festival did not negligently cause the burns suffered by Anthony Beninati in 2005.
As recounted in the court's opinion, Beninati was attending his third Burning Man festival in 2005. As usual, the festivities concluded with the burning of a 60 foot effigy from which the festival draws its name. Once the structure collapses, participants often toss objects such as mementos into the bonfire.
Beninati went toward the bonfire in order to throw in the photo of a friend who had planed to attend Burning Man with him, but died six week before the festival. He tripped and fell into the fire, burning both hands badly.
Beninati sued the festival promoters, Black Rock City, LLC, for negligently causing his injuries by inviting participants to come forward and toss things into the fire without providing safe entrance and exits for doing so.

